Council for Global Immigration quoted in article – “Proposed Rule Boosts Job Portability for Foreign Workers”


"Job portability, visa processing and work authorization for high-skilled immigrants and workers approved for green cards would change under a proposed rule from U.S. Citizenship and Immigration Services (USCIS).

"The proposal would protect workers with approved green card petitions from losing their priority date in green card backlogs while they change jobs; establish a 60-day grace period for temporary foreign workers who have lost their jobs; clarify various H-1B status extensions and cap exemptions; and automatically extend certain work authorization documents to minimize authorization gaps.

"In part, the proposed regulations also codify laws enacted over 15 years ago—the American Competitiveness in the Twenty-First Century Act of 2000 and the American Competitiveness and Workforce Improvement Act of 1998.

"'Many of these changes are primarily aimed at improving the ability of U.S. employers to hire and retain high-skilled workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents, while increasing the ability of such workers to seek promotions, accept lateral positions with current employers, change employers, or pursue other employment options," USCIS said.

"…To help prevent gaps in employment authorization, USCIS proposes to automatically extend the validity of expiring employment authorization documents for up to 180 days in certain circumstances upon the timely filing of an application to renew.

"The proposed rule also eliminates the current 90-day time frame for adjudicating applications for employment authorization. 'This will be a big benefit for many individuals as USCIS has had difficulty meeting its 90-day requirement for extensions,' said Justin Storch, manager of agency liaison at the Council for Global Immigration, an affiliate of the Society for Human Resource Management. 'This has created unnecessary lapses in work authorization that create problems for employers.'"

To read the full article, click here. ​​